California 2009-2010 Regular Session Status: Passed Assembly

AB 228 — Electricity: net energy metering.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law, relative to private energy producers, requires every electric utility, as defined, to make available to an eligible customer‑generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds 5% of the electric utility's aggregate customer peak demand. The existing definition of an eligible customer-generator limits the generating capacity of the solar or wind turbine electrical generating facility, or hybrid facility of both, used by the eligible customer-generator to one megawatt. This bill would require that the standard contract or tariff for net energy metering be offered on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds 6% of the electric utility's aggregate customer peak demand and, until January 1, 2016, would reserve 1% of this limit for large commercial or industrial customer-generators, as defined. This bill would prohibit the electricity fed back to the electric grid by large commercial or industrial customer-generators from offsetting charges for transmission and distribution services. The bill would revise the definition of an eligible customer-generator to authorize generating facilities of up to 5 megawatts. The bill would make other conforming and clarifying changes. (2) Existing law requires electric utilities to ensure that requests for an interconnection agreement from an eligible customer-generator are processed in a time period not to exceed 30 working days from the date the application is received. This bill would require electric utilities to process these requests from eligible large commercial or industrial customer-generators in a time period not to exceed 90 days and would require the costs of required interconnection studies and upgrades to be paid by the large commercial or industrial customer-generator. (3) Existing law makes legislative findings and declarations relative to the repeal of provisions of the net metering program for large customers. This bill would repeal these findings and declarations.

Bill Text

Action History

  1. From Senate committee without further action.

  2. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  3. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  4. Re-referred to Com. on E., U., & C.

  5. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  6. Withdrawn from committee. Re-referred to Com. on RLS.

  7. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  8. In committee: Set, second hearing. Testimony taken. Further hearing to be set.

  9. In committee: Set, first hearing. Hearing canceled at the request of author.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  11. In committee: Hearing postponed by committee.

  12. Referred to Com. on E., U., & C.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 45. Noes 31. Page 1542.)

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 10. Noes 5.) (May 6).

  17. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 27).

  18. Re-referred to Com. on NAT. RES.

  19. Read second time and amended.

  20. From committee: Amend, do pass as amended, and re-refer to Com. on NAT. RES. (Ayes 9. Noes 5.) (April 13).

  21. Re-referred to Com. on U. & C.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

  23. Referred to Coms. on U. & C. and NAT. RES.

  24. From printer. May be heard in committee March 7.

  25. Read first time. To print.

Sponsors

  • Blakeslee · Cosponsor
  • Huffman · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 2 voted No

Sponsors (1)

  • Huffman

Co-sponsors (1)

  • Blakeslee

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended, and re-refer to the Committee on Appropriations.

Failed 0 Yea · 1 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 0009
Republican 0100
Democratic 0001
Total 01010
% of votes cast 0%9%0%91%
How each member voted (11)
Member Party Vote
Corbett — Not Voting
Florez — Not Voting
Lowenthal — Not Voting
Dutton — Not Voting
Kehoe — Not Voting
Simitian — Not Voting
Wright — Not Voting
Cox — Not Voting
DeSaulnier — Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

AB 228 HUFFMAN Assembly Third Reading

Passed 54 Yea · 34 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 483204
Democratic 5000
Republican 1200
Total 543404
% of votes cast 59%37%0%4%
How each member voted (92)
Member Party Vote
Yamada — Yea
Carter — Yea
Chesbro — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Nay
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Krekorian — Yea
Fletcher — Nay
Gaines — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Davis — Yea
Duvall — Nay
Lieu — Yea
Mendoza — Yea
Monning — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torrico — Yea
Audra — Nay
Saldana — Not Voting
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Nestande — Nay
Price — Not Voting
Silva — Nay
Smyth — Nay
Torres — Not Voting
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Huber — Nay
Huffman — Yea
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Torlakson — Yea
Villines — Nay
Emmerson — Nay
Eng — Not Voting
Evans — Yea
DeVore — Nay
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13501
Republican 0100
Democratic 0001
Total 13602
% of votes cast 62%29%0%10%
How each member voted (21)
Member Party Vote
Hall — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Miller — Nay
Skinner — Yea
Duvall — Nay
Harkey — Nay
Nielsen — Nay
Price — Yea
Solorio — Yea
Torlakson — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Charles — Not Voting
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on Natural Resources.

Passed 9 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8601
Democratic 1000
Total 9601
% of votes cast 56%38%0%6%
How each member voted (16)
Member Party Vote
Carter — Yea
Tom — Nay
Berryhill — Nay
Fuller — Nay
Furutani — Yea
Huffman — Yea
Krekorian — Yea
Duvall — Nay
Smyth — Nay
Swanson — Yea
Blakeslee — Nay
Buchanan — Yea
Skinner — Not Voting
Torrico — Yea
Fuentes — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

energy
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Frequently asked questions

What does AB 228 do?
(1) Existing law, relative to private energy producers, requires every electric utility, as defined, to make available to an eligible customer‑generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds 5% of the electric utility's aggregate customer peak demand. The existing definition of an eligible customer-generator limits the generating capacity of the solar or wind turbine electrical generating facility, or hybrid facility of both, used by the eligible customer-generator to one megawatt. This bill would require that the standard contract or tariff for net energy metering be offered on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds 6% of the electric utility's aggregate customer peak demand and, until January 1, 2016, would reserve 1% of this limit for large commercial or industrial customer-generators, as defined. This bill would prohibit the electricity fed back to the electric grid by large commercial or industrial customer-generators from offsetting charges for transmission and distribution services. The bill would revise the definition of an eligible customer-generator to authorize generating facilities of up to 5 megawatts. The bill would make other conforming and clarifying changes. (2) Existing law requires electric utilities to ensure that requests for an interconnection agreement from an eligible customer-generator are processed in a time period not to exceed 30 working days from the date the application is received. This bill would require electric utilities to process these requests from eligible large commercial or industrial customer-generators in a time period not to exceed 90 days and would require the costs of required interconnection studies and upgrades to be paid by the large commercial or industrial customer-generator. (3) Existing law makes legislative findings and declarations relative to the repeal of provisions of the net metering program for large customers. This bill would repeal these findings and declarations.
Who sponsors AB 228?
AB 228 is sponsored by Blakeslee and Huffman.
What is the current status of AB 228?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 228?
Track AB 228 free on One Click Politics — get push/email alerts when it moves.

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